Young v. Wall

Full title: EDWARD EUGENE YOUNG Plaintiff, v. A.T. WALL, individually and in his…

Court: United States District Court, D. Rhode Island

Date published: Jan 31, 2006

C.A. No. 03-220 S (D.R.I. Jan. 31, 2006)

Opinion

C.A. No. 03-220 S.

January 31, 2006

REPORT AND RECOMMENDATION

JACOB HAGOPIAN, Magistrate Judge

Edward Eugene Young ("Young" or "plaintiff") filed a pro se complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his Constitutional rights. Young named as a defendant A.T. Wall ("Wall" or "defendant"), Director of the Rhode Island Department of Corrections, in both his individual and official capacities. After securing counsel, Young filed a Second Amended Complaint and more recently, a Third Amended Complaint, seeking relief pursuant to 42 U.S.C. § 1983 and pursuant to state law. Both parties have moved for summary judgement pursuant to Fed.R.Civ.P. 56. This matter has been referred to me pursuant to 28 U.S.C. § 636(b)(1)(B) for a report and recommendation. For the reasons that follow, I recommend that the plaintiff's motion for summary judgement be denied, and the defendant's motion for summary judgement be granted on plaintiff's federal claims. I further recommend that plaintiff's state law claims be dismissed without prejudice.

Conclusion

For the reasons set forth above. I recommend that the plaintiff's motion for summary judgement be denied and the defendant's motion for summary judgement be granted on plaintiff's federal claims. I further recommend that plaintiff's state law claims be dismissed without prejudice. Any objection to this report and recommendation must be specific and must be filed with the Clerk of Court within ten (10) days of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1^st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603 (1^st Cir. 1980).